Judicial Review/Crown Liability - Aboriginal Rights and Defences

These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

Ahousaht First Nation v. Canada (Fisheries, Oceans and Coastguard), 2019 FC 1116, 2019 FC 1116

In Aboriginal Rights/Defences, Judicial Review/Crown Liability on January 24, 2021

This case involved an application for an interlocutory injunction by five of the 14 Nuu-chah-nulth group located on the West Coast of Vancouver Island. The injunction was for the increase of their allocation of AABM chinook salmon of at least 5,000 additional pieces. In a lengthy decision (65 pages), the court rejected that application on the grounds that: (a) The …

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Approval of Amendment of fish farm licence - Judicial Review/Crown Liability - Aboriginal Rights and Defences

Homalco Indian Band v. British Columbia, 2005 BCSC 283

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

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Challenge to Shrimp Allocation Decision based on failure to give sufficient weight to Land Claims Agreement - Judicial Review/Crown Liability - Aboriginal Rights and Defences - Standing of Attorney General of Nunavut

Blaney v. British Columbia (Minister of Agriculture Food & Fisheries), 2005 BCSC 283

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This was a judicial review application challenging a decision of the Minister of Agriculture Food and Fisheries to approve an amendment of a aquaculture licence allow a change from Chinook salmon to Atlantic salmon. After hearing evidence the court granted a declaration that the Minister had a continuing duty to consult and adjourned the application for judicial review generally.

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